EFFECTIVE DATE: November 30, 2021
ISSUE#: 4
PRESIDENT: Dr. Loren J. Blanchard
PURPOSE
This policy statement establishes University policies and procedures for implementing
campus carry at the University of Houston-Downtown (UHD). These policies and
procedures are compliant with campus carry legislation and address the safety and welfare
of University staff, faculty, students, and visitors.
The “Campus Carry Law”, Texas Senate Bill 11 (SB11)) was signed by Governor Abbott
on June 13, 2015 and amends Section 411.2031 of the Texas Government Code to allow
carrying of handguns by certain individuals on college campuses. Beginning August 1,
2016, any individual who holds a current and valid License to Carry (LTC) may carry a
concealed handgun on or about the license holder's person where permitted on university
property.
On September 1, 2021, Texas House Bill No. 1927 (HB 1927) went into effect. HB 1927 is
titled the Firearm Carry Act of 2021, and is sometimes referred to as the “Permitless Carry”
law or the “Constitutional Carry” law. HB 1927 amends Texas Penal Code 46.02 and 46.03 to
allow persons to carry handguns without a license in permitted places and under certain
circumstances.
Under both laws, while on University of Houston-Downtown campus, only a licensed person
may carry weapons designated under Subchapter H of Chapter 411 of the Government Code;
any other weapons are expressly prohibited.
DEFINITIONS
2.1 Campus: All land and buildings owned or leased by an institution of higher
education or private or independent institution of higher education.
2.2 University property: Property located within the State of Texas that is owned,
operated, leased, occupied, or controlled by the University. For purposes of this
policy statement, this includes but is not limited to all buildings, structures, vehicles,
sidewalks, parking lots, walkways, and attached parking structures owned or
controlled by the University
2.3 Sporting event: An activity involving physical exertion and skill that is governed by
a set of rules or customs and often undertaken competitively.
2.4 Gun-free areas: Areas designated as gun-free by the University President and
reflective of the student population, safety considerations, and uniqueness of the
campus environment.
2.5 “On or about” the license holder’s person: “About” the person means that a license
holder may carry a handgun in a backpack or handbag, but the backpack or handbag
must be close enough to the license holder that he or she can grasp it without
materially changing position.
2.6 Retention holster: A holster with at least one retention feature or device.
2.7 Significant Risk: A high probability of harm, not just a slightly increased, speculative,
or remote risk.
2.8 Substantial harm: A serious injury or death to a person or persons, or destruction of
valuable property.
2.9 Disciplinary Action: Sanctions by the University, up to and including removal,
probation, suspension, expulsion, dismissal, and termination.
2.10 Grievance: A written formal expression of disagreement or dissatisfaction with
employee related, residential, academic, or instructional matters, which has been filed
pursuant to University policies and procedures.
2.11 License to Carry a Handgun: A License to Carry a Handgun (LTC) issued by the
Texas Department of Public Safety (TXDPS), under Texas Government Code, Chapter 411, Subchapter H. Also includes valid Concealed Handgun Licenses issued
by the TXDPS, as well as licenses from other states, the validity of which is
recognized by the State of Texas.
2.12 Open Carry: Except as provided in this paragraph, all persons, including license
holders, are prohibited from openly carrying a handgun on the University of HoustonDowntown campus, including on any public driveway, street, sidewalk or walkway,
parking lot, parking garage or other parking area on campus. The carrying of an
unconcealed handgun on campus is restricted to authorized members of the UHD
Police Department, other law enforcement officers, and other persons who may be
designated by appropriate law enforcement authorities.
2.13 Concealed Handgun: A handgun, the presence of which is not openly discernible to
the ordinary observation of a reasonable person.
POLICY
3.1 Campus Carry Provisions
The policies and procedures that follow, while following applicable state and federal
law, also reflect the input of members of the University community, including staff,
faculty, and students.
Individuals’ rights to carry personal firearms on campus are defined by SB 11 and
include:
3.1.1 Beginning August 1, 2016, any individual who holds a current and valid
License to Carry (LTC) may carry a concealed handgun on or about the
license holder's person where permitted on University property.
3.1.2 The handgun must be wholly concealed on or about the license holder’s
person. The license holder must not intentionally or knowingly reveal or
display the handgun, even if the handgun is holstered. Accidental exposure of
a handgun by a person holding a current and valid LTC is not a violation of the
law.
3.1.3 Universities may establish areas on campus where handguns will not be
permitted for reasons of campus safety, subject to the approval of the Board
of Regents. “Effective notice” must be given prior to entrance into gun-free
areas. Appropriate rules, regulations, and provisions related to carrying
handguns based on the student population, safety considerations, and the
uniqueness of the campus environment may be established.
3.1.4 Universities may not establish provisions that generally prohibit or have the
effect of generally prohibiting the carrying of concealed handguns on campus
by LTC holders.
3.2 Gun-Free Areas
I
t is a violation of this policy to restrict or deny access to or use of any campus area
not specified in this section.
3.2.1 The following areas concerned with the performance of sporting events shall
be gun-free in their entirety. These areas will have permanent signage at all
entrance points denoting their gun-free status.
A. Student Life Center
3.2.2 The College of Sciences and Technology has identified areas including
laboratory and storage space that shall be gun-free in their entirety because
of the use or storage of hazardous materials or equipment. These areas will have permanent signage at all entrance points denoting their gun-free status.
The list of gun-free areas will be maintained on the UHD website. Areas that
house the use or storage of hazardous materials or equipment may be added
to or deleted from this list with appropriate justification and approval of the
President without revising this policy as long as the list of approved areas is
maintained in the President’s Office, posted online and appropriate signage is
posted at all entrances to approved laboratory space.
3.2.3 The following health and mental health areas shall be gun-free in their
entirety. These areas will have permanent signage at all entrance points
denoting their gun-free status.
A. Student Health Center (S445)
B. Student Counseling Services (S445)
3.2.4 Child care facilities (inclusive of day care and drop-off child care areas) shall
be gun-free in their entirety. These areas will have permanent signage at all
entrance points denoting their gun-free status.
3.2.5 Areas of campus where school-aged children (K-12) are engaged in
structured learning, enhancement, or other on-campus educational activities
shall be gun-free at times where children are present, subject to the Provost
approval process delineated in section 4.3 of this policy and denoted by
mandatory temporary signage that designates the area as gun-free. The
exception to the mobile signage includes the following provision:
3.2.5.1 At times when school-aged children (K-12) are present for summer
educational activities beginning on the day after the last official day
of the spring semester to the day prior to the first day of the fall
semester, the One Main Building (inclusive of the One Main
Building, the Academic Building, and the Girard Street Building,
but excluding the parking garage) will be gun-free. Signage at all
entrances when school-aged children are present will clearly
delineate the status of area as gun-free and the inclusive dates that this
status will be maintained.
3.2.6 The following types of activities may be held in a multi-purpose area that
is posted as gun-free due to the potential for emotionally charged discussion
or interactions with disgruntled individuals:
A. Areas where grievances are being heard and/or deliberated.
B. Areas in which deliberations and votes of a Rank and Tenure Committee
are taking place.
C. Areas where student appeals, including formal grade appeals, are being
heard.
D. Areas where faculty, staff, and student disciplinary meetings or hearings
are being heard.
E. Areas where faculty or staff evaluations or employment reviews are
being held.
3.2.6.1 Managers shall be consistent in their application of 3.2.6 to ensure
equitable treatment of all meeting participants. For example, the
manager must ensure that if one staff evaluation is held in a gun-free
multipurpose room, then all staff evaluations are held there.
3.2.6.2 Employees or students may request the use of a gun-free
multipurpose area for one of the activities outlined in 3.2.6
3.2.6.3 Multi-purpose rooms have been identified as qualifying for
permanent signage due to their frequent use for the activities
identified in section 3.2.6. These areas will have permanent signage
at all entrance points denoting their gun-free status. The list of gun-free areas will be maintained on the UHD website. Multipurpose rooms may be added to or deleted from this list with
appropriate justification to and approval of the President without
revising this policy as long as the list of approved multi-purpose
rooms is maintained in the President’s Office, posted online and
appropriate signage is posted at all entrances to approved multipurpose space.
3.3 Carrying a Handgun on Campus
LTC holders carrying a handgun on campus must carry their weapon in a retention
holster that fully covers the trigger and trigger guard. The holster must be utilized
whether the LTC holder is carrying on or about their person.
3.4 Rights of Employees
3.4.1 UHD employees who hold a current and valid LTC may exercise their right
to concealed carry a handgun at work where permitted on University property.
3.4.1.1 A UHD employee who is stationed or officed in a permanently gunfree area must store their weapon outside of the gun-free area before work.
3.4.1.2 UHD employees who are LTC holders are responsible for the safe
storage of their own weapons at all times, including prior to entering
a gun-free area.
3.4.2 Unless an employee is required by the President (either on an ongoing or on
a case-by-case basis) to carry a firearm as part of the employee’s specific job
duties, any possession or use of a firearm by the employee is not considered to
be within the course and scope of employment with the University.
3.5 Student, Faculty, and Staff Handbooks
The following language regarding SB 11 must be included in the student, faculty,
and staff handbooks.
Senate Bill 11 Provisions
All UHD constituents must be in compliance at all times with SB 11, “Concealed
Campus Carry.” Only individuals who hold a current and valid License to Carry (LTC)
and commissioned peace officers may carry a concealed handgun on or about the
license holder's person where permitted on University property. A LTC holder must
be 21 or older and must maintain the license in good standing. The handgun must
be wholly concealed on or about the license holder's person. The license holder must
not intentionally or knowingly reveal or display the handgun, even if the handgun is
holstered.
The concealed carry gun holders who exercise their rights have the responsibility to be
knowledgeable about the provisions of Senate Bill 11 as well as potential liabilities;
and they must make their own provisions for appropriate risk transfer and the security
of their weapon at all times. Any deviation from the SB 11 will be addressed by
calling the UHD Police Department, who will ascertain the nature of the situation and
next steps. All UHD constituents are encouraged to read SB 11 and to visit UHD’s
campus carry website.
All of us at UHD as a community are responsible for maintaining a safe and conducive
learning environment for higher education to preserve the integrity and spirit of
education at all of our UHD campus classes, functions, and activities.
3.6 Maintaining a Safe Educational and Work Environment
UHD seeks to provide a safe environment for learning and work. In pursuit of that goal,
university administration finds violence and threats of violence unacceptable. The
UHD campus will comply with the campus carry law, and LTC holders will be able to exercise their rights to carry handguns on campus. However, the University will also
enforce the rights of students, staff, faculty, and visitors to be free from violence and
threats of violence.
3.7 Modifying Gun-Free Areas
Gun-free areas may be added to or deleted from this policy with appropriate justification
to and approval of the President without revising this policy as long as the list of
approved gun-free areas is maintained in the President’s Office, posted online and
appropriate signage is posted at all entrances to approved gun-free areas.
PROCEDURES
4.1 Dissemination of Policy Provisions
This policy will be readily available on the UHD website, including through the
Campus Carry pages hosted on the UHD Police Department website.
4.2 Permanent Signage
4.2.1 A sign displaying Penal Code 30.06 must be permanently affixed to all points
of entry to a gun-free area. It must be prominently and conspicuously
displayed in a clearly visible location, contain block letters at least one inch
in height, and use contrasting colors.
4.2.2 These signs may only be used at locations approved by the University
President and the Board of Regents. No other person or entity may affix or
use this sign or similar signage. To do so is a violation of this policy.
4.3 Mobile/Temporary/Other Signage Request Process
Circumstances or events may arise when concealed carry of handguns may pose
a significant risk of substantial harm for persons in that area of campus. Upon
justification of circumstances that conform to the type of excluded areas previously
described in this policy and/or create a significant risk of substantial harm in a
University event or area, UHD faculty, staff, or students may make a request to the
for a specific, well-defined area to be gun-free for a specified period of time.
4.3.1 Mobile/temporary requests to the Provost must be made in writing at least one
week prior to the event. The requested areas must be ones in which a clear and
persuasive justification is made that weapons would pose an significant risk of
substantial harm in that specific area or that conform to the type of excluded
areas previously described in this policy.
4.3.2 The Provost will make a recommendation to the President regarding the
request. The President has final approval of all requests for mobile/temporary
signage. The Provost must respond to the request in writing within 48 hours.
4.3.3 It is the responsibility of the requesting party to make arrangements for
securing and posting mobile/temporary signage. The requesting party must
follow the UHD Police Department procedure authorized in section 4.4.2 of
this policy.
4.3.4 Notification must be made of the gun-free zone on the UHD Campus
Carry website at least 24 hours prior to the event.
4.4 Mobile/Temporary Signage
4.4.1 The sign described in section 4.2 will be affixed to a stable, mobile stand.
4.4.2 Procedures for storage and disbursement of mobile/temporary signage
approved by the President will be developed by The UHD Police
Department and disseminated widely, including on the UHD website. The
mobile/temporary signage policy will cover all UHD buildings.
4.5 Campus Carry Safety Committee
The Provost shall appoint a Campus Carry Safety Committee. The purpose of this
committee is to advise the Provost on issues related to this policy, including but not
limited to monitoring the need for changes to this policy or related procedures and
issues related to signage. The composition of this committee shall be one
representative from each college, an equal number of staff representatives, and one
student.
4.6 Handgun Storage
No handgun storage will be provided by the University on campus. LTC holders
are responsible for the safe and secure storage of their own weapon.
4.7 Sanctions
4.7.1 Tampering, defacing, or unauthorized removal of 30.06 signage and
unauthorized use of 30.06 signage will be grounds for disciplinary action.
4.7.2 Failure to comply with any of the procedures described herein may result in
disciplinary actions.
REVIEW PROCESS
Responsible Party (Reviewer): Executive Director of Public Safety/Chief of Police
Review: Every two years on or before May 1st
.
Signed original on file in Employment Services and Operations.
POLICY HISTORY
Issue #1: 08/01/16 – Reaffirmed as Issue #2
Issue #2: 12/20/19
Issue #3: 04/16/21
REFERENCES
Texas Senate Bill 11
Texas House Bill 1927
Subchapter H of Chapter 411 of the Government Code
UHD Campus Carry website
A sign displaying Penal Code 30.06
UHD’s Gun-Free Areas
